HomeMy WebLinkAbout08-01-13 � +
IN RE: THE ESTATE OF �
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KLARE S. SUNDERLAND, ��
DECEASED,
� � ° � IN THE COURT OF COMMON PLEAS
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�V�tE:��ETIT�h�PURSUANT TO SECTION 3356 OF THE PROBATE, ESTATES
� FI�ICIARI� CODE FOR ORDER OF COURT APPROVING OF PURCHASE
� OF THE ESTATE ASSETS BY A CO-EXECUTOR
ORDER OF COURT
AND NOW, this 1St day of August 2013, upon review of the Petition for Court
Approving of Purchase of the Estate Assets By A Co-Executor, a hearing with the three
children of Klare S. Sunderland and the Co-Executors is scheduled for 27 August 2013
at 11:00 a.m. in Courtroom Number Six of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
It is noted in review of the Petition that Paragraph 56 indicates that the co-owner
is permitted to acquire the decedent's share in Affinity Insurance Limited and that the
purchase is permitted pursuant to a shareholders agreement; however, no shareholder
agreement is provided in the Petition. Prior to approval, Petitioner will have to provide
proof that such a sale is permitted.
Exhibit O of the Petition indicates that the parties in interest, the three children,
have consented to this purchase after review of the Petition. The court wishes to hear
from these parties on their understanding of and the import of approving these
purchases by a Co-Executor.
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Finally, the court is seeking further assurances that all creditors and pre-residual
' beneficiaries will be paid in full.
BY THE ,
Thoma A. Placey C.P.J.
Distribution:
Stanley A. Smith, Esq.
Jack F. Hurley, Jr., Esq.
Daniel K. Sunderland
Debra K. Ritchey
Donna K. Sunderland Benson
2
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IN THE MATTER OF THE : IN THE COURT OF COMMON PLEAS OF
; : CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF KLARE S. : ORPHANS' COURT DIVISION
, SUNDERLAND, DECEASED : NO. 2013-00074
ORDER
AND NOW, this day of , 2013, upon consideration of the
Petition Pursuant to Section 3356 of the Probate, Estates and Fiduciaries Code for Order of Court
Approving the Purchase of Estate Assets by a Co-Executor, it is hereby ORDERED that
1. The Decedent's estate shall be permitted to sell and Daniel K. Sunderland shall be
permitted to purchase Decedent's 500 shares in Sun Motor Sports, Inc. for the sum of$851,000
under the terms and conditions of the stock purchase agreement dated June l, 2013.
2. Orland Paxk Imports, Inc. (80% of which is owned by Daniel K. Sunderland) shall
be permitted to purchase from Orland Park Motor Cars, Inc. (80% of which is owned by the
Decedent's estate) and the Executors of Decedent's estate shall cause Orland Park Motor Cars,
Inc. to sell to Orland Park Imports, Inc. certain assets identified in the assets purchase agreement
dated May 23, 2013 on the terms and conditions described in such agreement.
3. Orland Park DD, LLC, (80% of which is owned by Daniel K. Sunderland) shall
be permitted to purchase from SAV, II, LLC (��vhich is owned by Decedent's estate) and the
Executors of Decedent's estate shall cause SAV, II, LLC to sell to Orland Park DD, LLC, the
following properties for the sum of$15,000,000 under the terms and conditions of the agreement
for the purchase and sale of real estate dated May 23, 2013:
a. 4.34 acres situate in the Village of Orland Park, Cook County,
Illinois, with improvements, having an address of 8430 West 159�' Street, Orland
Park, Illinois, being tax parce127-14-313-027-0000
and
b. 2.038 acres situate in the Village of Orland Park, Cook County,
.
Illinois, with improvements, having an address of 8470 West 159th Street, Orland
.
Park, Illinois,being tax paxcel 27-14-313-037-0000. '
4. The Decedent's estate shall be permitted to sell and Daniel K. Sunderland shall be
permitted to purchase Decedent's one half interest in one preferred share of Affinity Insurance
Limited, for the sum of$28,820, under the terms and conditions of the purchase agreement dated
as of July 15, 2013.
5. Donna K. Sunderland Benson and Debra S. Ritchey are deemed to act as virtual
representatives of all potential appointees and all takers in default of the exercise of the power of
appointment by Donna K. Sunderland Benson and Debra S. Ritchey regarding their respective
Trusts under 20 Pa.C.S.A. §7723(7).
J.
Distribution List:
PERSONAL AND CONFIDENTIAL PERSONAL AND CONFIDENTIAL
Debra K.Ritchey Donna K. Sunderland Benson
1608 Liz Burns Place 261 Valley Road
Mechanicsburg,PA 17055 Etters, PA 17319
PERSONAL AND CQNFIDENTIAL Jack F. Hurley, Jr., Esquire
Daniel K. Sunderland Rhoads & Sinon LLP
SUN MOTOR CARS�INC. PO Box 1146
6691 Carlisle Pike Harrisburg, PA 17108-1146
Mechanicsburg, PA 17050
Stanley A. Smith, Esquire
Rhoads & Sinon LLP
PO Box 1146
Harrisburg, PA 17108-1146
: ORPHANS' COURT DIVISION
: COURT OF COMMON PLEAS OF
In Re: KLARE S SUNDERLAND : CUMBERLAND COUNTY
: PENNSYLVANIA
. N0.21-13-0074
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 8/1/13
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 8/1/13
IN RE: ORDER OF COURT
............................................................................................................................
SERVICE TO: DEBRA K RITCHEY 1608 LIZ BURNS PLACE MECHANICSBURG PA 17055
: DANIEL K SUNDERLAND 6691 CARLISLE PIKE MECHANICSBURG PA 17050
JACK F HURLEY PO BOX 1146 HARRISBURG PA 17108
DONNA K SUNDERLAND BENSON 261 VALLEY ROAD ETTERS PA 17319
STANLEY A SMITH PO BOX 1146 HARRISBURG PA 17108
METHOD OF MAILING: ENVELOPES PROVIDED BY:
�USPS �PETITIONER
❑ RRR ❑JUDGE
❑HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑OTHER
MAILED: 8/2/13
............................................................................................................................
SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑USPS ❑PETITIONER
❑RRR ❑NDGE
❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑OTHER
MAILED:
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uty
• lerk of Orphans' Court